PRINTER'S NO. 1516
No. 1357 Session of 1981
INTRODUCED BY CALTAGIRONE, APRIL 29, 1981
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 29, 1981
AN ACT
1 Amending the act of May 7, 1925 (P.L.557, No.300), entitled "An
2 act to provide for the sale of property against which a
3 common law lien may exist for repairs and material; and the
4 method of procedure thereon," further providing for the
5 enforcement and priority of the lien.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 1 and 2, act of May 7, 1925 (P.L.557,
9 No.300), referred to as the Common Law Lien Law, are amended to
10 read:
11 Section 1. Be it enacted, &c., That hereafter where any
12 person, corporation, firm, or copartnership may have what is
13 known as a "common law lien" for work done or material furnished
14 about the repair of any personal property belonging to another
15 person, corporation, firm, or copartnership, it shall be lawful
16 for such person, corporation, firm, or copartnership having said
17 common law lien, while such property is in the hands of the said
18 person, corporation, firm, or copartnership contributing such
19 work and material, to give notice in writing to the owner of the
1 amount of indebtedness for which said common law lien is claimed
2 for the labor and material that has entered into the repair,
3 alteration, improvement, or otherwise, done upon the said
4 property. If the said claim for said work or material is not
5 paid within thirty days the said person, corporation, firm, or
6 copartnership to which said money is due, may [proceed to sell
7 the said property, as hereinafter provided: Provided, however,
8 That the owner of said property, if he disputes said bill, may
9 issue a writ of replevin, as provided by law, within the said
10 thirty days, and the said dispute shall be settled in said
11 action of replevin.] enforce said common law lien by filing an
12 appropriate action and proceeding to judgment in rem as against
13 said personal property or in personam as against the owner of
14 said property, utilizing such procedures as may be provided in
15 the Pennsylvania Rules of Civil Procedure.
16 Section 2. [The notice hereinbefore provided for shall
17 contain an itemized statement setting forth the work and
18 material furnished for the repair, alteration, or improvement of
19 the said personal property, and shall be verified by oath of the
20 claimant; and if said claim is not paid within said thirty days
21 then the said claimant may sell the said property at public sale
22 by giving ten days' notice thereof in the same manner as
23 personal property is sold by sheriff or constable.] The "common
24 law lien" hereinbefore provided for shall have priority over the
25 lien of any conditional sales contract or other security
26 interest as provided by 13 Pa.C.S. § 9310 (relating to priority
27 of certain liens arising by operation of law).
28 Section 2. Sections 3 and 4 of the act are repealed.
29 Section 3. This act shall take effect in 60 days.
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